(New Zealand) The appeal concerned the rating of properties. Where two properties were held under the same land certificates, was this enough to have require only one listing on the valuation roll. New Zealand uses the Torrens style of Land Registration, under which, it was argued, the unit of registration determined also entries for ‘separate properties’. This has its origin in Scots law. The authorities contended that the test was rather the unit of occupation.
Held: The expression ‘separate property’ was not defined. It was to be interpreted within the context in which it was used. In this case that meant rating, not land law, and it was dangerous to bring forward meanings for wordings from earlier statutes. Separate occupation was the correct criterion.
Judges:
Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Hutton, Lord Hobhouse of Woodborough
Citations:
[2002]UKPC 47, [2003] RA 180
Links:
Statutes:
Jurisdiction:
England and Wales
Rating, Registered Land
Updated: 06 June 2022; Ref: scu.177998
